Crosby v. National Foreign Trade Council
, 530 U.S. 363
), was a case in which the Supreme Court of the United States
used the preemption
doctrine to strike down a Massachusetts
law that effectively prohibited Massachusetts' governmental agencies from buying goods and services from companies conducting business with Myanmar
(Burma) — essentially, a secondary boycott
. The Massachusetts Burma Law was modeled after similar legislation that had targeted the apartheid
regime of South Africa
The Court reasoned that the United States Congress had passed a law imposing sanctions on Myanmar, and that the Massachusetts law "undermine[d] the intended purpose and 'natural effect' of at least three provisions of the federal Act, that is, its delegation of effective discretion to the President to control economic sanctions against Burma, its limitation of sanctions solely to United States persons and new investment, and its directive to the President to proceed diplomatically in developing a comprehensive, multilateral strategy towards Burma."
- Denning, Brannon P.; McCall, Jack H. (2000). "Crosby v. National Foreign Trade Council. 120 S.Ct. 2288". American Journal of International Law 94 (4): 750–758.
- Stumberg, Robert; Porterfield, Matthew C. (2001). "Who Preempted the Massachusetts Burma Law? Federalism and Political Accountability under Global Trade Rules". Publius 31 (3): 173–204.